Senate Bill 2126
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Florida Senate - 1998 SB 2126
By Senator Hargrett
21-777A-98
1 A bill to be entitled
2 An act relating to pharmacy practice; amending
3 s. 409.908, F.S.; deleting a requirement that
4 the Agency for Health Care Administration
5 implement a variable dispensing fee for
6 prescribed medicines for medicaid recipients;
7 amending s. 465.003, F.S.; revising the
8 definition of the term "practice of the
9 profession of pharmacy"; creating s. 465.0123,
10 F.S.; providing requirements for licensure as a
11 pharmacist practitioner and prescribing the
12 scope of practice of one so licensed; amending
13 s. 465.022, F.S.; providing for the adoption of
14 rules relating to practice in a pharmacy;
15 providing an effective date.
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17 Be It Enacted by the Legislature of the State of Florida:
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19 Section 1. Subsection (14) of section 409.908, Florida
20 Statutes, is amended to read:
21 409.908 Reimbursement of Medicaid providers.--Subject
22 to specific appropriations, the agency shall reimburse
23 Medicaid providers, in accordance with state and federal law,
24 according to methodologies set forth in the rules of the
25 agency and in policy manuals and handbooks incorporated by
26 reference therein. These methodologies may include fee
27 schedules, reimbursement methods based on cost reporting,
28 negotiated fees, competitive bidding pursuant to s. 287.057,
29 and other mechanisms the agency considers efficient and
30 effective for purchasing services or goods on behalf of
31 recipients. Payment for Medicaid compensable services made on
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Florida Senate - 1998 SB 2126
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1 behalf of Medicaid eligible persons is subject to the
2 availability of moneys and any limitations or directions
3 provided for in the General Appropriations Act or chapter 216.
4 Further, nothing in this section shall be construed to prevent
5 or limit the agency from adjusting fees, reimbursement rates,
6 lengths of stay, number of visits, or number of services, or
7 making any other adjustments necessary to comply with the
8 availability of moneys and any limitations or directions
9 provided for in the General Appropriations Act, provided the
10 adjustment is consistent with legislative intent.
11 (14) A provider of prescribed drugs shall be
12 reimbursed the least of the amount billed by the provider, the
13 provider's usual and customary charge, or the Medicaid maximum
14 allowable fee established by the agency, plus a dispensing
15 fee. The agency is directed to implement a variable dispensing
16 fee for payments for prescribed medicines while ensuring
17 continued access for Medicaid recipients. The variable
18 dispensing fee may be based upon, but not limited to, either
19 or both the volume of prescriptions dispensed by a specific
20 pharmacy provider and the volume of prescriptions dispensed to
21 an individual recipient. The agency is authorized to limit
22 reimbursement for prescribed medicine in order to comply with
23 any limitations or directions provided for in the General
24 Appropriations Act, which may include implementing a
25 prospective or concurrent utilization review program.
26 Section 2. Subsection (12) of section 465.003, Florida
27 Statutes, is amended to read:
28 465.003 Definitions.--As used in this chapter, the
29 term:
30 (12) "Practice of the profession of pharmacy" includes
31 compounding, dispensing, and consulting concerning contents,
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Florida Senate - 1998 SB 2126
21-777A-98
1 therapeutic values, and uses of any medicinal drug; and
2 consulting concerning therapeutic values and interactions of
3 patent or proprietary preparations, whether pursuant to
4 prescriptions or in the absence and entirely independent of
5 such prescriptions or orders; and other pharmaceutical care
6 services. The phrase also includes any other act, service,
7 operation, research, or transaction incidental to, or forming
8 a part of, any of the foregoing acts, requiring, involving, or
9 employing the science or art of any branch of the
10 pharmaceutical profession, study, or training, and shall
11 expressly permit a pharmacist to transmit information from
12 persons authorized to prescribe medicinal drugs to their
13 patients. In addition to the authority to order and dispense
14 medicinal drugs independent of protocol as set forth in s.
15 465.186, a pharmacist may also administer immunizations within
16 the framework of an established protocol under a supervisory
17 practitioner who is a physician licensed under chapter 458 or
18 chapter 459 or by written agreement with a public health unit.
19 Section 3. Section 465.0123, Florida Statutes, is
20 created to read:
21 465.0123 Pharmacist practitioner.--The department
22 shall issue or renew a pharmacist practitioner license upon
23 receipt of both an initial or renewal application that
24 conforms to the requirements adopted by board rule and a fee
25 established by the board, not to exceed $250. A pharmacist
26 practitioner must have completed specific instruction in the
27 evaluation and testing of blood pressure and cholesterol
28 levels, diabetes, anticoagulation therapy monitoring, and
29 asthma. Upon completion of the instruction and issuance of the
30 license, a pharmacist practitioner may provide primary care
31 professional referral and consulting services for these
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Florida Senate - 1998 SB 2126
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1 conditions. A pharmacist practitioner may also order and
2 evaluate laboratory and clinical testing for the specific
3 health conditions described in this section. The board shall
4 adopt rules to administer this section.
5 Section 4. Paragraph (i) is added to subsection (1) of
6 section 465.022, Florida Statutes, to read:
7 465.022 Pharmacies; general requirements; fees.--
8 (1) The board shall adopt such rules relating to
9 pharmacies as are necessary to protect the public health,
10 safety, and welfare. Such rules shall include, but shall not
11 be limited to, rules relating to:
12 (i) Functions of a pharmacist and responsibilities of
13 a pharmacy, consistent with the size, scope, and type of the
14 pharmacy, to assure the highest level of patient care and
15 safety.
16 Section 5. This act shall take effect July 1, 1998.
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19 SENATE SUMMARY
20 Revises provisions related to pharmacy practice. Deletes
a requirement that the Agency for Health Care
21 Administration implement a variable dispensing fee for
prescribed medicines for Medicaid recipients. Revises the
22 definition of the term "practice of the profession of
pharmacy" to include research and other pharmaceutical
23 care services. Authorizes pharmacists to administer
immunizations under certain circumstances. Provides for
24 the creation and licensure of pharmacist practitioners.
Provides for the adoption of rules related to practice in
25 a community pharmacy.
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